Topic 6 Flashcards
Torts
- a private wrong
- A private matter against an
individual, corporation or body
of government
Tort law
law aiming to remedy
private wrongs through
compensation
True or false Tort law differs from contract
law
True
The two areas of law have been
distinguished since the 11th century
- criminal law and tort law
True or false, there is overlap between the 2 areas of law, tort and criminal
True
Criminal law is..
• Criminal law is a public wrong; an
offence against the public interest
Criminal law is meant to…
Criminal law is meant to punish
wrongdoings, defer further
infringements, express social
condemnation for wrongdoings and
rehabilitate offenders
Like tort law, criminal law is developed
through case law (true or false)
True
While criminal law determines ———,
tort law determines ———-
While criminal law determines guilt,
tort law determines liability
Liability
: the responsibility for a legal
obligation
Are the standards of tort liability and
criminal guilt are different
Yes
- Liability based on probability
- Guilt based on proof beyond a
reasonable doubt
In tort law, is there a requirement to prove intention
• In tort law, there is no requirement to
prove intention
Types of Torts
• Intentional tort
• Negligent tort
• Strict liability tort
• Property tort
• Dignitary tort
• Economic tort
• Toxic tort
Give an example of intentional tort
- wrongful act done to harm someone
- assault
Give an example of negligent tort
- wrongful act that happens because someone wasn’t careful
- a driver runs a red light and crashes into another car because they weren’t paying attention
Give an example of strict liability tort
- being responsible for harm even if you didn’t mean to cause it and no matter how careful you were usually associated with pet owners and selling products as a company
- example owning a dangerous animal, example the Delilah dog case
Give an example of property tort
- a wrongful act that harms someone’s property
- spray painting someone’s car/house
Give an example of dignitary tort
- harm to someone’s reputation or emotional well being
- defamation; spreading false rumours about someone to damage their reputation
Give an example economic tort
- harm caused to someone’s financial situation or business
- intentionally obstructing ones economic abilities, obstructing sales, investments business, undermining business
Toxic tort
- harm caused by exposure to harmful chemicals or substances
- a factory dumps toxic waste into river, making people sick
Intentional torts
torts that occur as a result
of intentional physical or mental harm to
someone
There are different standards between
intentional torts and negligence
• Involves intentional wrongdoings with
unintentional consequences, foreseeability
Defences in intentional tort law
- consent
- self defence
- necessity
- legal authority
Negligence
- the failure of an individual or organization to meet a standard of reasonable care resulting in the injury of someone
Duty of care
• a legal obligation in a specific context
Standard of care
the degree/level of strictcare a
reasonable person would apply in a specific
context
Reasonable person
someone who would not
be expected to be negligent under specified
circumstances
Causation
links the defendants breach of
obligation to the plaintiff’s injury
Remoteness
reflects whether a specific damage suffered by someone was reasonably foreseeable
More v. Bauer Nike Hockey Inc.
- hockey player suffered a serious head injury while wearing a Bauer helmet, alleging that the helmet was negligently designed he lost the case
Mustapha v culligan
- man who suffered mental distress after finding dead flies in bottle of drinking water
Defences to negligence
include:
• Contributory negligence
• Accident
• Voluntary assumption of risk
• Participation in a criminal act
King v. Redlich
Contributory negligence
- motorcyclist had failed to take reasonable care for their damages accordingly
Punitive damages
- damages awarded in tort law beyond what is
necessary to compensate the injured - criticized for potentially duplicating sanctions with criminal law
Whiten V pilot insurance Co
- relates to punitive damages
Tort law is primarily concerned
with compensation for the
injured
• Many argue that tort law is
inefficient for providing
compensation
• Vehicle accidents and work-
related accidents are covered
by insurance companies and
compensation boards,
respectively
